§ 62-4456. Location; maximum lot coverage.

(a)

Private lakes shall be allowed as an accessory use to an existing primary structure or permitted primary structure in all zoning classifications except environmental areas (EA). Private lakes shall also be allowed as a primary use in agricultural (AU) and productive agriculture (PA) classifications where such lakes are used for an agricultural pursuit.

(b)

In any zoning classification, private lakes shall cover no more than 50 percent of the parcel, and no portion of the open waters of the lake shall be permitted within appropriate setbacks contained within article VI of this chapter, or within:

(1)

Twenty-five feet of any property line if the property is within a public or private sewer service system, or 75 feet from any property line and from any existing septic systems if the property is not within a sewer service system.

(2)

Fifty feet of any property line and from any existing septic system, if the property is served by an on-site septic tank disposal system and was platted prior to 1972 as stated in F.S. § 381.0065(4)(f)(2).

(3)

Twenty-five feet from a utility easement, if the width of the easement is equal to or greater than the minimum required property line setback.

(4)

Twenty-five feet from any right-of-way line of a road, street, or highway.

(5)

Twenty-five feet from any surface water or area that holds water at least 72 hours after a rainfall event as defined in F.S. § 381.0065(2)(m).

(6)

A prime or class I aquifer recharge area as defined in article X, division 2, of this chapter.

(7)

The annual or ten-year floodplain of the Indian River lagoon system or the St. Johns River as defined in article X, division 5, of this chapter.

(8)

Wetlands as defined in article X, division 4, of this chapter.

(Code 1979, § 14-113.4; Ord. No. 99-03, § 1, 1-26-99)